EPA v. MCS INVESTMENTS, INC., JAMES POSEY, J. ROE BURTON

Case summary

10/24/2008 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2006 TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. RESPONDENTS SHALL CEASE AND DESIST IMMEDIATELY UPON RECEIPT OF THIS ORDER. WITHIN 48 HOURS OF RECEIVING THIS ORDER, RESPONDENTS WILL NOTIFY THE EPA WHETHER OR NOT RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHAL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. RESPONDENTS SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF PLAN.

Defendants (3)

• JAMES POSEY (SB)Named in settlement
• MCS INVESTMENTS, INC. (SB)Named in settlement
• J. ROE BURTON (SB)Named in settlement

Facilities (1)

• WETLANDS - MCS INVESTMENTS, INC.

  RESTER AVENUE, LILLIAN, AL, 36549

  Registry ID: 110038429331

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MCS INVESTMENTS, INC., JAMES POSEY, J. ROE BURTONentered 2008-10-24

  Primary law: CWA

Timeline (2 milestones)

• 2008-10-24Final Order Issued
• 2009-02-06Enforcement Action Data Entered